Despite the rain of recent days, a halo of hope has appeared on Monday for Yliana, Abdel and Yumara’s parents, to which On December 12, the Government’s Social Welfare and Social Welfare Service … from Castilla-La Mancha withdrew their baby’s guardianship As soon as he was born at the Toledo University Hospital.
From there, Yliana took her to an incubator and a few days she went to live with a family that is part of the family care program of the Social Welfare Ministry. His biological parents, during this time, have only been able to see it three times, since a resolution of the minors service allows them only to be with their baby one hour a month in the dependencies of their delegation in Toledo, and always under the supervision of technicians of the Board.
In these almost three months without their daughter, they together with their Lawyer, Julián Sánchez Rojasthey have not stopped fighting judicially because this situation, that they consider “unfair”, would be solved as soon as possible and this week has begun with good news for them, according to the prosecution of the Prosecutor’s Office, which asks “that the minor concerned is given to her parents immediately.”
Despite this, the lawyer, who has spoken with ABC after making the letter public, asks his customers to “patience” because we have to wait for the decision made by the head of the Court of Instruction number 1 of the city of Toledowhich is the one who investigates the case after admitting the complaint of the parents filed by his lawyer, who believes that in the resolution of the Board there may be an alleged prevarication.
The Public Ministry believes that “there is no reasons for having removed custody,” according to the defender of the parents, who points out that the prosecutor’s report “uses quite hard terms” against the decision of the minors and family service of the Board. “In short, what we want is that, once and for all, they give them the girl because many months have passed and the measure is still maintained, although there was no reason to have adopted it,” he said.
In the opinion of the lawyer Sánchez Rojas, “the Administration has been found, he did not want to listen to us and he did not want to give us the administrative file,” which was not made available to the parents, who have achieved it only because the judge provided it. “If we had had access from the beginning, we could have made the appropriate allegations and this whole situation could have been avoided,” he adds.
The resolution of the Autonomous Administration, apart from the regime of such strict visits, with which the parents are not satisfied, argued the decision to withdraw their daughter’s guardianship due to the situation of “lack of economic, family, housing and marient capabilities” of Marental Capacities, “by obviating at all times the father of the creature. However, the main reason behind, according to the reports of that department, is that The mother was equally a girl guarded from age nine to agebecause of the abuse and abandonment he suffered from his parents.
Something that, as parents and their lawyer defend, do not correspond to reality. “We have housing, I have two jobs, I have my parents and brothers nearby, since they live distributed between Andalusia and the Valencian Community and Yumara has the support of her older sister, who lives with us, so everything they say in the resolution is false,” said Abdel last week in the conversation he had with this newspaper. At home, like any first -time family, they had everything prepared before Yliana came to the world, whom they were waiting with great enthusiasm.
Techniques of the local social services of Toledo have transmitted to the couple that one of the programs provided by the Social Welfare Ministry For these situations, which is called ‘walking with family’, it is inactive, without any endowment. This is the program whose application claimed the lawyer in his complaint in the Criminal Court as a precautionary measure.
In fact, as they report this newspaper, Yumara and Abdel have attended all the appointments to which they have been summoned in the Social Welfare Delegation, to all visits to see their daughter and have already maintained four interviews with the attendees of Social Services of the City of Toledowithin the framework of an intervention plan also established by the minors and family service, which did not carry out any previous study of the couple before the girl’s birth.
The municipal social services shuffle the possibility of changing the situation of the minor of “helplessness” at “risk”, as proposed by lawyer Sánchez Rojas in his complaint, in order to monitor the parents in situ, which would allow the girl to be at home. The “helplessness,” they explain, implies an immediate withdrawal of the guardianship, while a “risk” situation contemplates a range of options in which the parents do not have to lose the link with their child so drastically.
Therefore, everything is in the hands of the head of the Court of Instruction number 1 of the city of Toledo, who will be the one who has the last word. Yliana’s lawyer believes that the judge’s decision “should be urgent, but everything will depend on the workload they have, because they are saturated.” In any case, he hopes it will be “fast because we already want a definitive solution, either by adopting a precautionary measure or by citation to the parties for a view.”
“The evidence that my client contributes comes to prove that no reason is given for a resolution of helplessness such as the one that issued the minors and family service of the Board, because, if so, they would have to remove the children 60% of the Spaniards,” concludes Sánchez Rojas, who says that the parents to whom they represent a normal life, have work, housing and their own resources to raise their baby, like any “normal” family.
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